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TMI Blog2024 (1) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... for transfer of investigation in Nazat Police Station Case No. 9 of 2024 and Bongaon Police Station Case No. 18 of 2024 from the State police to the Central Bureau of Investigtion. The connected application seeks similar transfer of investigation in Nazat Police Station Case No. 8 of 2024. 2. Learned Additional Solicitor General of India representing the petitioner/Enforcement Directorate submits as follows. The Enforcement Directorate was investigating a money laundering case involving the infamous Public Distribution System Scam. A Cabinet Minister of the State was arrested in it. Money trail was found in respect of two other significant political figures of the State owing allegiance to the ruling political party. They were Shankar Adhy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FIR No. 9 of 2024 filed by the Enforcement Directorate Official, the more serious Sections alleged were not included. Subsequently, only a charge of Section 325 of the Penal Code was added. Charges of attempt to murder, grievous hurt by dangerous means and dacoity were deliberately omitted. In the instant case, belongings of the E.D. Officers like laptops, wallets and other documents had also been looted away. The police did not arrest anyone from the spot. Till date, out of so many accused miscreants, only seven have been arrested. The prime accused is a very influential political leader and a local maffia. The predicate offences and the PML Act case involves a Minister in the State Cabinet. Therefore, it is an appropriate case which shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .10 hours. The incidents did not point fingers directly at the police. In fact, it was the local police who had rescued the E.D. Officials and others from the clutches of the mob. From the available videos, the exact footage of assault is not available. The E.D. Officials are also not cooperating with the investigation. No document or even the ECIR was provided. The names of the personnel of the E.D. and the CRPF were not provided for the police to examine them. Only on multiple efforts, some examinations could be done. On the date and approximate time of the incident some of the CRPF personnel were actually found having breakfast at a nearby restaurant. It is doubtful that one Central Agency can pray for transfer of investigation by the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g observations against the police. There are alleged interpolations in the said counter version. 8. Although the corresponding GD entry for the said FIR No. 7 was allegedly preceded by the GD entry for the suo moto FIR, yet the FIR No. 7 of 2024 was registered as the first. If the E.D. personnel could not enter the said premises, the question of stealing or molesting women would not arise. The issue of quashing of proceeding is pending before a Co-ordinate Bench. However, the very registration of such an FIR, that too before the prior GD entry is registered as an FIR, casts a serious shadow of doubt on the impartiality of the police officers of the Nazat Police Station. This is good enough reason to exclude at least the personnel of the Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases involving the predicate offences from the State police to the CBI. In the instant case involving mob attack on officials of the E.D. the question of involvement of the Minister or other influential accused other than the local one would apparently be more remote than in the cases involving the predicate offences. 16. The thrust of the petitioner that only the CBI should investigate the case and be able to arrest the suspect has to be juxtaposed with the inability of the ED itself, another powerful central agency accompanied by the CRPF personnel, to search and seize, far less arrest the suspect. 17. However, the involvement of the CBI personnel in the inveastigation of the present cases would be an imperative considering the ineptit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh, IPS, presently posted as the Superintendent of Police, Islampur Police District. The CBI shall make the nomination by tomorrow i.e., 18.01.2024. (b) Each of the Team Heads shall be at liberty to induct equal number of members in the team from the State Police and the CBI, respectively for the purpose of investigation. (c) For effecting search, seizure or arrest, the SIT shall be at liberty to seek assistance from the State Forces as well as the Central forces. (d) The Special Investigation Team shall not report to the State or the Centre, but to the jurisdictional Magistrate including in respect of regular steps to be taken and shall file required reports there. This Court shall monitor such investigation. (e) No report in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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